Can I Sue My Dentist?

For some people, the idea of going to the dentist fills them with fear and dread. It’s not just the pain that is frightening. It’s the fear that something bad can happen if the dentist doesn’t provide you with the level of care you deserve.

When a dentist’s actions cause you pain or permanent dental issues, your best option may be to pursue compensation. Ideally, when you alert your dentist to the fact that you’re suffering, they’ll do the right thing and fix the problem. However, there are times when a dentist refuses to admit they made a mistake. There are also times when the dentist cannot possibly make things right.

This article examines the most common types of dental malpractice claims. We will also explain what to do if you are harmed by your dentist or dental hygienist.

If you saw a dentist and are now suffering from chronic pain or another issue, contact a local personal injury attorney. They’ll review your case and let you know if you have a valid legal claim.

Common Dental Malpractice Claims

When your dentist is negligent or otherwise harms you during your treatment plan, you may have a dental malpractice claim. This type of case is similar to a medical malpractice claim. Dental malpractice claims may involve a dentist or any other medical professional at a dental office.

Dental malpractice claims can involve a wide range of dental procedures. Here are a few examples of a dentist’s negligence that could give rise to a dental malpractice lawsuit:

• Shoddy dental work that results in personal injury
• An improper root canal that causes lingual nerve damage
• A wrongful tooth extraction by an oral surgeon
• A dental implant placed over the wrong tooth
• A dental hygienist using unsanitary tools that cause an infection
• An oral cancer misdiagnosis that results in pain and trauma

If you or a loved one has suffered under similar circumstances, consider getting a case evaluation from a medical malpractice attorney. Once you know your legal options, you can make a decision about how best to proceed.

Should You Pursue a Dental Malpractice Claim?

Before you decide to pursue legal action against your dentist, get a second opinion. It’s important that you know for sure if your dentist was negligent before you waste time and money filing a personal injury lawsuit.

When you get your second opinion, ask the dentist if they think your injuries are the result of negligence. While no dentist wants to criticize another dental professional, most can recognize when one of their peers has erred.

In addition to getting a second opinion from an independent dentist, you should ensure that your expectations are reasonable. For example, if your dentist told you that you had a unique dental issue and that a specific procedure was risky, you shouldn’t be surprised if the results are less than ideal.

If your dentist did a procedure you did not approve or their work caused an unexpected injury, such as permanent nerve damage, you should explore a dental malpractice claim. Keep in mind that soreness after a dental visit is normal and can last for days or even weeks. Getting a second opinion on your dental work before spending money on attorney fees is a good idea.

The Five Elements of a Dental Malpractice Lawsuit

Even if you believe your dentist is liable for dental malpractice, that doesn’t automatically mean you’ll win your lawsuit. Your dental malpractice attorney must establish several things for you to recover damages.

You must prove the following five things to recover compensation for your injuries:

• There was a dentist-patient relationship: You can establish this relationship with receipts, insurance statements, or medical records. Going to see the dentist implies a “duty of care,” which means the dentist has a legal obligation to provide you with a level of care expected of a certified dentist. You likely would not have a case if you went to a medical school and let students practice on you, since you would have signed off on taking a risk.
• What the dentist did was wrong: You must demonstrate that the dentist committed a “breach of duty.” You do this by showing the dentist did not follow an acceptable standard of care. In other words, you must prove that, had another competent dentist treated you, you would have been fine. A breach of duty could involve your dentist failing to notice the signs of gum disease or pulling the wrong tooth in a tooth extraction. You will need evidence, such as X-rays or expert witness testimony, to help prove this.
• You suffered an injury: Just because the dentist breached their duty of care does not mean you have a valid claim for damages. You can only demand compensation for injuries you actually suffered. Physical pain and suffering can be easy to document using medical records or testimony from the dentist who resolved your issues. You can also cite emotional distress as a basis for your claim. If the dental work caused emotional suffering, you may be entitled to additional damages for pain and suffering.
• The dentist’s error was the cause of your injury: You must prove causation, which means showing that the dentist’s negligence caused your injuries. One way to demonstrate this is through expert witnesses or dental records from a second opinion. If a dentist failed to diagnose oral cancer, but a new dentist also misses the signs, then it is possible the other side could argue that the evidence was not clear enough. These cases always depend on what a reasonable person would see or do in similar circumstances, leaving a lot of room for them to go either way.
• You are within the time limit: You must file your medical malpractice claim before the statute of limitations deadline expires. Most states have a two-year statute of limitations. These laws vary by state, but two years is standard for malpractice suits. If you file your complaint after the statute of limitations period, the court will dismiss your claim and bar you from filing a new one.

Filing a personal injury lawsuit isn’t easy. This is why it’s a good idea to meet with a skilled medical malpractice attorney as soon as possible after you discover your injuries.

Wrongful Death Cases

In some cases, a claim for medical negligence may not be available because your loved one died as a result of negligent dental care. If this is the case, you may be able to file a wrongful death claim.

State wrongful death laws vary. In most cases, you must prove the following to succeed in your wrongful death claim:

• The patient died
• The dental negligence or medical malpractice caused their death
• Your loved one (or family) suffered damages, such as medical bills, funeral expenses, lost wages, etc.

If you can prove the above elements, then there is a strong likelihood you will recover damages.

State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide readers with the most current information, consult a local malpractice lawyer to confirm your state laws.

A Dental Malpractice Lawyer Can Help

Not all personal injury lawyers are qualified to handle malpractice suits. A dental malpractice attorney who has experience fighting the insurance companies and suing dentists in medical malpractice cases is best suited for your needs. They can provide legal advice tailored to the unique circumstances of your case. Personal injury lawyers are not paid unless they win your case, so they will be very honest when evaluating your claim.